Practice Relating to Rule 133. Property Rights of Displaced Persons
Section A. Safeguard of property rights
Djibouti’s Law on the Status of Refugees in the Republic of Djibouti (2017) provides:
Article 2: Definition of the term asylum seeker
Under this law, the term asylum seeker or person applying for refugee status means any person who leaves the country of his or her nationality or, if he or she has no nationality, the country in which he or she was habitually resident in order to apply for refugee status in the Republic of Djibouti and who is awaiting a decision by the relevant competent authorities on his or her application.
Article 3: Definition of the term refugee
Under this law and in accordance with the Geneva Convention of 28 July 1951 relating to the Status of Refugees and its Protocol of 31 January 1967 and the OAU Convention of 10 September 1969 Governing the Specific Aspects of Refugee Problems in Africa, the term refugee shall mean every person:
b. who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his or her country of origin or nationality, is compelled to leave his or her place of habitual residence in order to seek refuge in another place outside his or her country of origin or nationality.
RIGHTS AND OBLIGATIONS OF REFUGEES AND ASYLUM SEEKERS
Article 14: Fundamental rights
1. Without prejudice to Chapters I and II above, all of the fundamental rights and provisions set out in Chapters II, III, IV and V of the Geneva Convention of 28 July 1951 relating to the Status of Refugees and those set out in the OAU Convention of 10 September 1969 relating to refugees apply to every refugee and asylum seeker lawfully resident in the territory of the Republic of Djibouti and within the limits of rights accorded to nationals. These notably include the right:
- to property[.]